If you were convicted of a felony in the state of Texas, you were forced to forfeit some of your civil rights, including the right to vote, hold office, serve on a jury, obtain certain kinds of employment licenses and more. However, the state of Texas does allow for people who have been convicted of felonies to regain their rights in some circumstances.
Here’s some information from a criminal lawyer in Lubbock, TX about how you can make that happen.
Getting your rights back
There are several different methods of getting your rights restored, and the path you take will primarily depend on the kind of conviction you had.
If you were convicted on felony state charges, you may be able to have your rights restored by requesting a full pardon from the governor, or by having your conviction set aside. To qualify for a set aside, you must have completed community supervision or currently be on community supervision. Otherwise, your only other recourse is to be pardoned by the governor, which is not particularly common.
If you were convicted on a federal or foreign felony charge, you can apply for the restoration of your rights under Texas Code of Criminal Procedure Article 48.05. The requirements for applying under that program are as follows:
- You must have completed the sentence for the offense in question
- The offense must not involve violence, drugs, the threat of violence or firearms
- If it was a foreign offense, it must have occurred at least two years before you apply
- If it was a federal offense, it must have occurred at least three years before you apply
- You must not have any other conviction at any other time for any offense in Texas, another state or the United States
You would submit this application to the sheriff of the county in which you currently reside or in which you resided at the time of the conviction. You may also submit the application to the Board of Pardons and Paroles.
In either case, the governor still has the final say in whether your rights will be restored or not. If the governor does indeed decide to restore your rights, you will receive a certificate of restoration of civil rights.
If you intend to apply to have your rights restored, it is important that you work with an experienced criminal lawyer in Lubbock, TX to help you through this complicated and lengthy process. Contact the Law Office of Rob Biggers to arrange a consultation. We look forward to working with you.
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Categorised in: General Legal Questions